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IN RE RUSSELL

Docket No. Crim. 17007.

12 Cal.3d 229 (1974)

524 P.2d 1295

115 Cal. Rptr. 511

In re JAMES RAY RUSSELL on Habeas Corpus.

Supreme Court of California. In Bank.

August 1, 1974.

Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, Harold E. Shabo, James L. McCormick, Paul James, Steve Hough and Leighton A. Nugent, Deputy Public Defenders, and Roger Agajanian for Petitioner.

Joseph P. Busch, District Attorney, Harry B. Sondheim, Harry Wood and Eugene D. Tavris, Deputy District Attorneys, for Respondent.

OPINION

CLARK, J.

(1) The legality of custody under an extradition warrant may be challenged in a habeas corpus proceeding on the ground the petitioner was not in the demanding state when the alleged crime was committed. (In re McBride (1953) 115 Cal.App.2d 538, 541 [254 P.2d 117]; In re...

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